City reconsiders solicitation ordinance

Published 4:05 pm, Wednesday, January 7, 2015

The issue over door-to-door solicitor hours in Conroe is back on the table after the City Council let the item die for lack of a second motion Dec. 12.

While the item was on the council’s workshop agenda Wednesday, Mayor Pro Tem Guy Martin asked City Attorney Marc Winberry whether the council could move into executive session to discuss it. However, once out of executive session, the council did not discuss the item publicly.

An amended version of the city’s solicitation ordinance is on the council agenda for 6 tonight. That amended ordinance established a 5 p.m. curfew for solicitors and provides for the implementation of a “do-not-knock” registry.

During the council’s Dec. 12 meeting, Councilman Duke Coon made the motion to approve an amended ordinance that would have shortened solicitation hours for door-to-door sales from 9 a.m. to 9 p.m. to 9 a.m. to 7 p.m. The amendment also would have required background checks before solicitors are issued a permit and provided solicitors an identification card, not a badge.

Winberry cautioned the council about moving the curfew time up too much.

“Inconvenience is not a reason, per case law,” he said. “Those courts are pretty tough on cities.”

Case law, Winberry explained, indicates that making the curfew earlier infringes on the First Amendment rights of those selling and those residents who want solicitors.

Coon said the council should do what is best for the residents.

“It is incumbent upon us to make hard decisions up here,” he said. “From my seat down here, I can’t make a decision based on possible pending litigation. I have to make a decision on what I believe is right and correct.”

However, despite a lengthy discussion on the issue, the motion died due to a lack of second.

The item originally was brought to council by staff members in October. At that time, council members were shocked to learn the hours solicitors could go to homes and that solicitors were issued “official-looking” badges.

Council members said both issues needed to be changed and asked the staff to come back with an amended ordinance.